MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary

By: Senator(s) Posey

Senate Bill 2219

AN ACT TO AMEND SECTIONS 45-3-51, 45-9-131, 49-1-14 AND 49-15-22, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FAMILY OF A LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY MAY RETAIN HIS SIDEARM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 45-3-51, Mississippi Code of 1972, is amended as follows:

     45-3-51.  Each member of the Mississippi Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who retires under the Highway Safety Patrol Retirement System or the Public Employees' Retirement System, for superannuation or for reason of disability shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section 45-3-19 or 41-29-159.  If a member is killed while engaged in the performance of his law enforcement duties after January 1, 2002, his next of kin shall be allowed to retain the member's sidearm.

     SECTION 2.  Section 45-9-131, Mississippi Code of 1972, is amended as follows:

     45-9-131.  Upon approval of the governing authorities of the municipality or county, a member of any municipal or county law enforcement agency who retires under any state retirement system or any state-approved retirement system may be allowed to purchase as his personal property one (1) sidearm which was issued to him by the law enforcement agency from which he retired.  The governing authorities of the municipality or county shall determine the amount to be paid for the firearm by the retiring member of the law enforcement agency.  If a member is killed while engaged in the performance of his law enforcement duties after January 1, 2002, his next of kin shall be allowed to retain the member's sidearm.

     SECTION 3.  Section 49-1-14, Mississippi Code of 1972, is amended as follows:

     49-1-14.  Each person employed as a conservation officer by the Commission on Wildlife, Fisheries and Parks who retires for superannuation or for reason of disability under the Public Employees' Retirement System may, upon his request, be allowed to retain, as his personal property, one (1) side arm which was issued to him, during his service, provided funds are available for such purpose.  If a conservation officer is killed while engaged in the performance of his law enforcement duties after January 1, 2002, his next of kin shall be allowed to retain the member's sidearm.

     SECTION 4.  Section 49-15-22, Mississippi Code of 1972, is amended as follows:

     49-15-22.  Each person employed as a marine patrol officer by the Mississippi Department of Marine Resources who retires for superannuation or for reason of disability under the Public Employees' Retirement System may, upon his request, be allowed to retain, as his personal property, one (1) side arm which was issued to him during his service, if funds are available for this purpose.  If a marine patrol officer is killed while engaged in the performance of his law enforcement duties after January 1, 2002, his next of kin shall be allowed to retain the member's sidearm.

     SECTION 5.  This act shall take effect and be in force from and after its passage.